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Questions Answered by Kevin L Dixler
2 Answers | Asked in Legal Malpractice and Immigration Law for New Jersey on
Q: I would need a letter from my attorney explaining the error they made. How can they make it legal and valid?

They are immigration attorneys and made a mistake regarding my immigration status in the US.

Should the letter be notarized, legalized, etc.? I will need to file that letter with new attorneys/immigration offices/government office, and therefore, I would like to make sure that letter will... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 26, 2020

This reads like a very complicated challenge that should be handled by another attorney who knows what they are doing. Much more information is needed, but rather quickly. Justia.com is not geared to do anything other than encourage you to hire another attorney in such situations.

At...
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2 Answers | Asked in Immigration Law for Michigan on
Q: Are sponsored green card parents eligible for subsidized healthcare ?

I am 61 years old, I recently got a green card sponsored by my son who filled affidavit of support. I applied for health care in market place showing my income earned on tutoring and getting tax credits. Am I eligible for the benefits?. Should I add my Son's income also?

Kevin L Dixler
Kevin L Dixler answered on Nov 26, 2020

The first issue is whether you will obtain a government benefit based upon having a lower income. That is a means tested benefit! The second is whether the sponsor will be required to reimburse the government for that means tested benefits.

In order to avoid the government from...
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2 Answers | Asked in Immigration Law on
Q: What to do for the rest of the members those who can't come at first time through f4 visa due to age fact?

6 members in our family.our relative had applied immigration for us (f4 cat.).4 members name had come and they have reached usa.How much time required for the rest of the members and what is the proces?

Kevin L Dixler
Kevin L Dixler answered on Nov 24, 2020

If a derivative beneficiary has 'aged out,' then it may take years, even decades for a family member to not only petition them, but for a visa to be available based upon the extremely limited visa quotas. It likely means starting, again, with a petition from a new family member. There... Read more »

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2 Answers | Asked in Immigration Law for Washington on
Q: I am single parent of us citizen kid of 9 yrs. I am in US on B1/B2 visa. I am looking one step adjustment for myself.
Kevin L Dixler
Kevin L Dixler answered on Nov 24, 2020

I regret that your son cannot petition you as an immediate relative until he is 21 years old. Also, the decision whether to petition you is within his control. He may be disqualified when he reaches 21 years of age depending upon the situation.

You do not qualify to adjust status based...
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3 Answers | Asked in Immigration Law for Florida on
Q: I get married to fix my immigration status but, I’m about to have a baby with my girlfriend how I could do baby sign up

I submitted all the forms for adjustment of status with my American spouse a month ago, however in a few days I’m having a baby with another woman, what are my options to sign the baby under my name as the father without complicating my Inmigracion process? I heard I have a period of time (1... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 24, 2020

One of my colleagues, Ms. Mulder, has responded with a reasonable concern. However, more information is needed. Did your wife know about the prior relationship and pregnancy in advance? Are you really in love with your wife? If so, you likely have some explaining to do. It is best to prepare... Read more »

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1 Answer | Asked in Immigration Law on
Q: Current U3 visa and dependent of u1 visa trying to see how I can go about reentering the us once the pandemic is done

Visitor

I am the current dependent of a U1 visa so I currently hold a U3 visa. I traveled abroad by myself and was wondering about reentry into the US. My visa does state I am allowed to re-enter however it says that I would need to apply for a U visa or if I have obtained a waiver. I was... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 22, 2020

You are required to have a visa foil (sticker) in your passport, not just an approved I-797 notice from USCIS. If you have an unexpired visa in your passport, then you should be allowed to enter unless you are somehow otherwise inadmissible for reasons unknown, which is unclear, even if arguably... Read more »

4 Answers | Asked in Immigration Law for New York on
Q: What's the 1st step to getting a fiance to America

I have been dating my fiance for a while now. And we really want her and her 3 year old son to come to NY to live with me and my 3 year old daughter. What's the 1st step for someone like me who doesn't have a whole lot of money.

Kevin L Dixler
Kevin L Dixler answered on Nov 22, 2020

This may be difficult, since the filing fees can be costly and the process of seeking a fiance visa can prove frustrating. Read the directions for the I-129F. Once you have all of what is required, file it. There may be things that you were unaware of that can be required. In addition, the... Read more »

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1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: Im an international student didnt finished my internship contract due to pandemic

The hotel were im taking my internship closed due to pandemic and reopened after few months. I asked my agency here in the US if what can i do so i can continue my and finish my internship but they were asking me for another fee so i can continue it. Can i sue them for that? Its not my fault that i... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 21, 2020

Unlikely that any success will result, Covid is outside of the program's control. If the program is over, through impossibility of the sponsor, then the intern should leave the U.S. otherwise, it is likely that they will fall out of status as a result. This is likely what has happened, but... Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: 19 y.o. son lost all ID and greencard. First week of December 2019 entered MX and is there now. How to return to US?

He is in Acuna just across from Del Rio with family. Only ID is an expired MX passport with the original visa granting entry to US affixed. Out of the US 350 days now. MX offices that grant identification and passports are running months behind,

Kevin L Dixler
Kevin L Dixler answered on Nov 21, 2020

You should try to make arrangements at the consulate or port of entry for deferred inspection as soon as possible. He will need a transportation document. He will need proof of identity. He will need a certificate of birth. He will need to bring whatever he can show them. He may need to just... Read more »

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3 Answers | Asked in Immigration Law for Texas on
Q: Can my 18 year old daughter file together with me?

My son is filing a petition for change of status for me. Can my 18 year old daughter who came with me on visa waiver be filed at the same time?. If she waits for mine to get through she would’ve been out of status.

If not what’re the options open to her.

Kevin L Dixler
Kevin L Dixler answered on Nov 21, 2020

No, your daughter is not eligible to adjust status. She is not a derivative beneficiary. She must depart on time. Otherwise, she may not be allowed to visit, again.

There are other issues, and potentially complicating possibilities, but these ought to be discussed with a competent and...
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3 Answers | Asked in Immigration Law for Texas on
Q: Unable to obtain certified copies of disposition due to court only keeping for 5 yrs, what are other options?

In 2009 I received an MIP, alcohol - citation only no arrest. County court only keeps records on Class C misdemeanors for 5 years. I am planning on filing for citizenship but don’t have the certified document showing what the disposition was. I however do have the copy given to me from clerk... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 22, 2020

I agree with Mr. Radtke. You will need to visit the law enforcement agency in addition to the courts to see if you can get a certified copy of the arrest record, as well. You should get a certified (sealed or notarized) letter from the county or city court to confirm that there is no longer a... Read more »

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1 Answer | Asked in Immigration Law, Tax Law, International Law and Internet Law for Texas on
Q: Hey plzz reply ASAP dear...I too live in the US...so can you get paid from youtube even after having F1 visa?

So if I upload a video from US but link it with my homecountry bank...which means I can't get the money in USA but only get money in my home country bank account..is that legal and fine? And what if I know someone who is working in USA and invested and have E2 visa(not green card), can I... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 6, 2020

No! You are living and working in the U. S. in violation of your F-1 student status. There can be remedies to this mistake, but you need an appointment with a competent and experienced immigration attorney, who can take the time to provide legal advice.

The above is general information,...
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1 Answer | Asked in Immigration Law and Legal Malpractice for New Jersey on
Q: Which state’s statute of limitations should be considered?

Since my immigration attorneys’ office is in state A, I live in state B, and they filed paperwork with the Texas USCIS office, I would like to know which state’s statute of limitations should be considered in case I sued them for legal malpractice.

Many thanks for your help and support

Kevin L Dixler
Kevin L Dixler answered on Nov 5, 2020

It may depend upon any written agreement that you had with your attorney. You 'may' have agreed to file a lawsuit exclusively in his State. It may potentially depend upon the law in your state or the state where the attorney is considered to be doing business, which may also include... Read more »

1 Answer | Asked in Immigration Law and Civil Rights for Alabama on
Q: Can the DMV deny your opportunity to take a driving test based on your language proficiency and Wont allow A translator?
Kevin L Dixler
Kevin L Dixler answered on Sep 1, 2020

If you are a lawful permanent resident, authorized to work, or a U.S. Citizen, then the answer is likely no. The challenge is that you must contact an attorney, who handles civil rights matters in Alabama to discuss the violation of your civil rights based upon the legal decisions in the Eleventh... Read more »

1 Answer | Asked in Immigration Law on
Q: I have two questions: 1) what is my chances to enter the US again? I still have B1/B2 valid visa.

Hello,

I hope this email finds you well. My name is Hany I’m a full-time lecturer in one of Egyptian universities. I was in the US between April 2019 to September 2019. I came to the US when I felt danger and have been told that my name has been mention in the state security which are... Read more »

Kevin L Dixler
Kevin L Dixler answered on Aug 24, 2020

If you left the United States before your hearing date in U. S. Immigration Court, then you seem to have self-deported! That means that you can be stopped at a port of entry, even detained. If you are deemed to have self-deported, then your case is likely over. In other words, by returning to... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: How can a person obtain a visa or tps or a green card if they came to the united states illegally? They are a minor.

They came here from Italy this year and now they live here with relatives that were born here.

Kevin L Dixler
Kevin L Dixler answered on Aug 24, 2020

More information is needed. How old are you? If a person comes to the U.S. on their valid visa, then this is different, although the person ‘may’ be deported without a hearing.

The person who acts as your guardian should seek legal assistance from a competent and experienced...
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4 Answers | Asked in Immigration Law, Adoption and International Law for Kentucky on
Q: I'm engaged to an Ukrainian and am trying to figure out how to get her Green Card after we marry.

The marriage will take place in Ukraine. We anticipate this to be early next year. She also has two children under the age of 18 that I eventually would be adopting.

Kevin L Dixler
Kevin L Dixler answered on Aug 20, 2020

More information is needed. Is she in the United States? Are you in the U.S.? If she is in the U.S., has she maintained, lost, or overstayed her status? These, among many issues should be discussed with a competent and experienced immigration attorney before she departs for Ukraine. There may... Read more »

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1 Answer | Asked in Immigration Law on
Q: In Wong Kim Ark did his attorneys ask SCOTUS to declare Wong to be a Natural Born Citizen?

USCIS Step #9 states there is no citizenship without allegiance. We know a citizen passes on allegiance. A non citizen must go thru naturalization. A legally approved by application/approval PERMANENT RESIDENT OR US National can be the birth parent of a citizen born in the USA. I contend the... Read more »

Kevin L Dixler
Kevin L Dixler answered on Aug 17, 2020

You misunderstand the lawful immigration visa process. There is no such 'official step 9.' It can take many more than 9 steps in the immigration visa process! You claim to know, but seem to understand very little!

In the beginning, all of those who were inspected and admitted...
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1 Answer | Asked in Immigration Law on
Q: hi can i come to us with f1 visa to study in english language school then change it to h1b

so can i after studying for about 4 weeks change my f1 visa to h1b visa to start fashion modeling without going bach home

Kevin L Dixler
Kevin L Dixler answered on Aug 17, 2020

More information is needed. In these situations, what is possible may not work due to processing delays. You will need to work sooner in most situations. The H1b is not the appropriate visa, where it is for modeling. I strongly recommend an appointment or teleconference with a competent and... Read more »

1 Answer | Asked in Employment Law and Probate on
Q: Is a estate fiscally responsible for a deceased person's hiring of an undocumented immigrant for 10 years before dying?

The undocumented person took care of an elderly couple.

Kevin L Dixler
Kevin L Dixler answered on Aug 17, 2020

If there are unpaid wages, the undocumented work may seek reasonable wages from a State Department of Labor, Wage and hour Department. The Department of Labor may express concern, but is normally underfunded. An estate is normally responsible for any unpaid debts, but its unclear how the courts... Read more »

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